Difference Between Civil Law And Criminal Procedure

Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also

1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer.

* Filing a Complaint - In civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense. This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint.

Primary law is used to determine the legal outcome of a dispute. The four sources of primary law include the United States Constitution and the constitutions of each state, statues passed by congress and by state legislatures, regulations created by administrative agencies, and case law. (Miller 2) Constitutional law is the highest power of law that is upheld by the United States Constitution, and includes constitutions that vary from state to state. Statues are laws that are set in place by a legislative body as opposed to the laws that have been set in place by the constitution. Ordinances are a part of statutes and can be set in place by municipal zones

Primary sources are data that has not been interpreted and are the original research performed. These sources are from the source of the information. The data given from a primary source has not been translated into information by another person. Primary sources are the source of the data given. Many books of law are primary sources. A court transcript would be a primary source for an appealed case. Jane Goodall would be a primary source about chimpanzees because of

There are four primary sources of law in the United States. Miller, R., (2014) indicates there are four sources that establish the law in the United States include the following;

When a crime has been committed, the case proceeds through the criminal justice system from investigation and arrest through probation and parole. However, the process can vary wildly between a civilian offender being tried at the local, state, or federal level and a military offender being tried in a military court-martial.

In law research, according to Yell (2016), “Primary sources are actual statements of the law” (p.14). Yell also mentions the three categories of primary sources; “laws or statues created by either federal or state legislatures and signed in to the law, regulations promulgated by administrative agencies to implement the statues, and judicial decisions the interpret that statutes and regulations” (p. 14).

In the case with OJ Simpson’s trial, the jury had reason to doubt the evidence because of the discovery of the police tampering with the evidence. Whereas in civil law the jury just needs to find the “preponderance of the evidence” against the defendant to deliver the verdict of liable.  It is therefore easier to convict a liable verdict in civil trials.  Also in civil trials, defendants cannot use the Fifth Amendment whereas in criminal trials the defendant can plead the Fifth Amendment.  The Fifth Amendment says that a you can’t be a witness to your own crime.  OJ Simpson used the Fifth Amendment during his criminal trial.

When criminal offenders get arrested, they are than booked into custody until the trial proceedings are over with. Unlike the criminal cases that are displayed on national television, an offender must undergo steps at a time for a criminal trial. The televised version of a criminal trial will have one thinking that it works that fast and it don’t. Each process that the defendant would go through takes months or even years. The nature of the crime as well as whom the person is and their past convictions. It takes time and lots of money to take cases to trial, the need to have a prosecutor, defense attorney, possible juror’s, and a judge. This overview, will define what a criminal trial is, the specific parties that are involved with the criminal process, and will explain the process in detail.

Civil rights are rights that people believe are promised to every individual within the United States. In the Declaration of Independence, it is stated that “all men are created equal.” Many people take this very seriously because it is important that every American citizen be treated equally under the law, no matter your race, gender, ethnic group affiliation, sexual preference, or age. Civil liberties are expressed in the Constitution as actions denied to government. Civil liberties are constitutional and legal protections against government infringement on a host of personal freedoms. The main difference between civil rights and civil liberties is how government treats each of these. Civil rights are viewed as rights that should be protected

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.

Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

The U.S. Constitution and state constitutions are written sources of American criminal law. They are the supreme law. The U.S. Constitution is the law of this country and the state constitutions are the supreme law of the state. Another written source of American criminal law is the statutes passed by Congress and state legislatures. The statutes refer to the conduct that is expected of the general public in near future. Administrative Agency Regulations along with the Case Law are other forms of written American criminal law. Administrative